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2024 Supreme(Online)(KER) 29427
HIGH COURT OF KERALA
Devan Ramachandran, J
K.K. ANIRUDHAN, – Appellant
Versus
DISTRICT COLLECTOR, – Respondent
WP(C) 535/2024
The court balanced interests of the petitioner and respondent by adjusting installment payments to ensure financial obligations are met while considering circumstances.
Headnote:
Payment - Writ Petition - Act Section List - The court allowed the petitioner to pay overdue amounts in installments rather than the initially requested terms, balancing the interests of parties while ensuring compliance with financial obligations.
Fact of the Case:
The petitioner requested to pay amounts covered by an exhibit in 12 installments, while the respondent argued for fewer installments due to prolonged awaiting of payment.
Issues: Whether the petitioner could pay overdue amounts in 12 installments or whether a lesser number would be more appropriate.
Ratio Decidendi: The court determined that a modification in payment terms was necessary to accommodate the interests of both parties and to ensure the petitioner fulfills his obligations.
Final Decision: The petitioner must pay the amount in 8 equal installments starting from 15.05.2024.
The limited plea of the petitioner as made by his learned counsel – Sri.L.Rajesh Narayan is that he be allowed to pay off the amounts covered by Ext.P1 along with accrued interest in 12 equal monthly instalments.
2. The learned counsel for the 5th respondent – Sri.Ananthakrishnan A.Kartha submitted that his client is willing that the petitioner be granted some indulgence by way of instalments, but that the number of instalments sought is excessive, particularly because he has been awaiting payment for a long period of time.
Taking note of the afore submissions and to balance the rival interests of the parties, I dispose of this writ petition, directing the petitioner to pay the entire amounts covered by Ext.P1 along with all accrued interest in 8 equal monthly instalments, commencing from 15.05.2024. The payment shall be made directly to the 5th respondent by way of Demand Draft drawn in his name on a nationalized bank and send to him in his postal address, by registered post A/D, as mentioned in the cause title of this case.
Needless to say, if the petitioner is to default payment as afore, the 5th respondent will be at full liberty to invoke further remedies WP(C) NO. 535 OF 2024 3 before the 2nd respondent – Deputy Collector, who will thereupon initiate and pursue further action based on Ext.P4, without having to obtain any further orders from this Court.
